Excerpts from the PRAGMA Virtual week conference: Is it mandatory to grant patents when public health is at risk, for instance during a pandemic?

The answer is yes; there is no law stating that during a pandemic the granting of patents must stop. So, patents should continue to be granted.

Is it possible to suspend the legal effects of patents with some kind of economic compensation?

The answer to this question is “officially” no; however, we have had a remarkable case in Colombia:

It is the case of GLIVEC, a medicine patented by NOVARTIS; the Health Ministry of the time declared the existence of “reasons of public interest” and despite not granting any licenses, it was made subject to a price reduction by using a methodology through which the market price of the product was calculated as if this generic medicine could be produced locally.*

*Excerpts from the PRAGMA Virtual week conference: Vaccines and IP: The Way Forward by Carolina Vera

More info: https://congress.pragma.international/